Sunday, November 19, 2000

Senator David Jaye - domestic assault - Macomb County

Also See:


Senator David Jaye - Ousted from Michigan Senate [May 24, 2001]

http://michiganoidv.blogspot.com/2001/05/senator-david-jaye-ousted-from-senate.html
Senator David Jaye - Arrested for assaulting fiancee [April 12, 2001]

Senator David Jaye - Sentenced for March 05, 2000 drunk driving charge [July 2000]
http://michiganoidv.blogspot.com/2000/07/senator-david-jaye-sentenced-macomb.html


 
In November 2000, while Senator Jaye was on probation for his March 05, 2000 drunk driving conviction, he reportedly assaulted his fiancee in a Bay County gas station. The assault was witnessed by an employee. Part of the assault was captured on the gas station's surveillance cam.

After this incident, Jaye was pulled over and arrested by the police for driving on a restricted driver's license -  a violation of his probation.
 
 







Jaye didn't hit me, fiancee tells court
She doesn't recall what she said to police
The Blade
Toledo Ohio
Associated Press
August 3, 2001

Shelby Township, Mich. - David jaye's fiancee testified yesterday that the former state senator did not hit her during the two incidents that prosecutors point to as violations of Mr. Jaye's probation on a drunken driving conviction.

Sonia Kloss testified as part of Mr. Jaye's probation violation trial, which got under way yesterday.

He was expelled from the Senate in May after most of his fellow senators said he no longer deserved to serve, in part because of three drunken driving convictions and allegations he hit Ms. Kloss.

The trial in Macomb County Circuit Court could decide whether Mr. Jaye of Washington Township must run for his old seat with a probation conviction on his record. If Judge Douglas Shepherd determines Mr. Jaye violated his probation for a 2000 drunken driving conviction, Mr. Jaye might have to finish serving his sentence.

That could mean spending 10 1/2 months in jail. Mr. Jaye, who insists he hasn't violated his probation, has filed to run for the Sept. 11 special election to determine his successor in the Senate.

Mr. Jaye called yesterday's proceedings "double jepordy" because he was subjected to Senate hearings over the alleged incidents.

Yesterday Ms. Kloss appeared confused and upset through much of her testimony. Her hands shook as she looked at transcripts. She had to take two breaks while testifying.

Although she denied Mr. Jaye hit her during an April 12 incident in Florida or during a Nov. 19 incident at a Bay County, Michigan gas station, she admitted she had been drinking heavily before both events.

When asked if she told police that Mr. Jaye hit her after the November incident, she said: "I was up for 36 hours. I was drinking all night and partying. I don't know what I said." She said Mr. Jaye did pull her to the car but did not hit or kick her. "He yelled and screamed. He wanted to get me in the car," Ms. Kloss said.

Proceedings were to resume Friday morning."
 
 
 

                 






Jaye Failed to convince fellow senators he had come clean
May 25, 2001
The Argus Press
Owosso MI
Kathy Barks Hoffman
Associated Press

Lansing, Mich. [AP] - Sen. David Jaye might still be sitting in the Senate next week if he's convinced his fellow senators he's come clean.

Several of the 33 senators who voted Thursday to expel the Macomb County Republican said the outcome might have been different if they hadn't thought he was lying about striking his fiancee, Sonia Kloss.

They pointed to the police testimony saying Kloss had bruises on her face after an April 12 dispute with Jaye outside her home in Fort Myers, Fla.

They brought up the eyewitness account of an 18-year-old clerk at a Bay County gas station who took a day off school to tell a Senate investigating committee he saw Jaye strike Kloss as the two were leaving the station's mini-mart last November.

They didn't buy Kloss' comments that Jaye had never struck her, or Jaye's argument that because Florida authorities decided not to bring formal charges against him and he'd never been charged in six months for the Bay County incident, he should be left off the hook.

For Senate Majority Leader Dan DeGrow and many others, the evidence added up to one thing: Jaye had hit his fiancee.

"Once it was clear he did, it was over," DeGrow said after the vote. "He continues to deny it. He'll probably always deny it. But it [his denial] isn't true."

DeGrow, R- Port Huron, said the outcome may have been different if Jaye had walked into his office the week after his April 12 Florida arrest, admitted he'd hit Kloss twice and asked for help straigtening out his life.

Instead, Jaye insisted to his fellow Senate Republicans during an April 17 meeting that he had not struck Kloss.

During the Senate investigation, his lawyers showed an interview they'd taped with Kloss in which she said she had been hit in the face by a garment bag the two had been tussling over in Florida, not by Jaye.

They also showed a tape from the service station's surveillance system on which Jaye can be seen propelling Kloss out of the men's bathroom in the station's mini-mart, but not striking or kicking her.

Jaye insisted those were enough to prove his innocence, and that his other transgressions - three drunk driving convictions, verbal abuse of staff members and having six photos of his topless fiancess on his Senate-issued laptop computer didn't deserve expulsion.

But his fellow senators weren't looking for proof that Jaye hadn't erred. They wanted him to admit he'd done something wrong and get professional help.

"Things that used to be acceptable in harassment are not acceptable anymore," said Sen. Joanne Emmons, R-Big Rapids. "When I became convinced he hit her and lied, that crossed the line for me."

DeGrow has walked a delicate line of his own with Jaye ever since the brash, in-you-face state representative won a Senate special election in 1997. He kept private his letters admonishing Jaye and restored the committee assignments Jaye lost when he had to serve jail time last summer for his third drunk driving conviction.

But while Jaye's political stances didn't differ that much from his predecessor; the late Doug Carl, he didn't seem to fit very well into the smaller; more dignified world of the 38-member Senate.

Where he was just one colorful character among several in the 100-member House, Jaye's often caustic behavior toward Senate staff and other senators wasn't as easily overlooked in the Capitol's south wing.

That became even more truer as Jaye, under the spotlight of a six-member, bipartisan committee investigating his behavior, accused DeGrow of trying to shove him out of office in a political witch hunt.

When Jaye began insisting the 18-year-old clerk was a liar, most senators had heard enough.

"It drove home the drastic reality of what the pattern here was," said Senate Democratic Leader John Cherry of Clio. Instead of coming clean, he said, Jaye lied. Instead of taking responsibility for his actions, he tried to blame others.

Still, no one looked triumphant as the first vote to expel a senator in Michigan history passed 33-2.

"This was not a happy vote," said Livonia Republican Thaddeus McCotter, who headed the investigating committee. "This was not a vote somebody won."
 
 

                 













Hearings to resume whether Sen. Jaye should be expelled
The Argus-Press
Owosso, Michigan
Malcolm Johnson
Associated Press
May 9, 2001

Lansing, Mich. [AP] - A police officer from Florida, where state Sen. David Jaye is accused of hitting his fiancee, testified that the woman was cut and still bleeding when he arrived at the scene.

"She said he's hit her in the past," Corp. robert Macarelli of the Lee County sheriff's office said Tuesday. "She said she wanted him to stop beating her."

Jaye was arrested April 12 in Florida after a dispute with Sonia Kloss and spent the night in the Lee County Jail. Jaye denied he struck Kloss, and she has recanted any accusations against him.

The officer's comments came as a special state Senate committee held its first full hearing on Jaye's right to remain in the Senate. The hearing was to resume Wednesday.

Jaye attended the committee hearing with three attorneys but didn't comment. He issued a letter Tuesday complaining that the hearing violated his civil irhgts and right to due process.

When it concludes its investigation, the six-member bipartisan committee could recommend that Jaye be expelled, censured or reprimanded.

In the letter he issued, Jaye argued that he hadn't had enough time to prepare and complained about "capricious and arbitrary committee rules" that would prevent discussion of their legislators' conduct besides his own.

The resolution recommending that Jaye be expelled cites a series of drunken driving convictions, a pending domestic battery charge in Florida and what it termed "a recurring pattern of personal misconduct."

Jaye said in his letter that he is owed a presumption of innocence on the domestic battery charge. He promised Sunday to resign if the Florida court convicts him, but he said he expects to be acquitted and accused Senate opponents of violating his rights.

At the hearing Tuesday, Bay County Prosecutor Joseph Sheeran said he may resurrect the charges stemming for a dispute last Nov. 19 at a Bay County gas station between Jaye and Kloss.

Jaye, a Republican from Macomb County's Washington Township, was never charged with assault in the Bay County incident. Prosecutors did charge him with violating the restrictions placed on his driver's license, but the charge was later dropped because Jaye had not been read his Miranda rights.

Meanwhile, a Florida judge on Tuesday delayed Jaye's hearing on the domestic battery charge for one week to give prosecutors more time to question witnesses.

Tony Schall, a spokesman for the state attorney's office in Florida, said the hearing is now scheduled for May 15. On that date, prosecutors will decide whether to retain the domestic violence charge, amend the charge or drop it, Schall said.
 
 
 


               

















Jaye was driving on business, attorney says
The Argus-Press
Owosso, Michigan
December 20, 2000

Bay City, Mich. - State Sen. DAvid Jaye might have gone deer hunting but did not violate his restricted driver's license when State Police stopped him because he was on legislative business, his lawyer said.

Jaye has been driving on a restricted license since pleading guilty June 12 to a misdemeanor drunken driving charge. Jaye, a Republican from Macomb County's Washington Township, now can drive only to work, medical visit and counseling sessions.

Attorney Robert Huth Jr. said Jaye was on his way back from discussing lawsuits and regulatory concerns with members of the Turtle Creek Hunt Club in Atlanta, Mich. , when his vehicle was pulled over Nov. 19.

Jaye, 42, was chairman of the senate's Hunting, Fishing and Forestry Committee until his conviction.

"Even if David Jaye was hunting while on the trip, it was incidental to the reason and legislative purpose for him appearing at the meeting," Huth wrote in his request to drop the 90-day misdemeanor charge of violating a restricted license. "My suspicion is that the State Police officers that spoke to Mr. Jaye reached the same conclusion. Surely, they had a copy of his restrictions at the time of the stop."

Bay County Prosecutor Joseph Sheeran said the arrested was justified.
 
 

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